| Author | Title | Citation | Summary | Year |
| Catherine A. O'Neill |
No Mud Pies: Risk Avoidance as Risk Regulation |
31 Vermont Law Review 273 (Winter, 2007) |
The Killarney Lake Recreation Site, in the Lower Coeur d'Alene River Basin, is a popular place for families to camp overnight or to spend the day picnicking, fishing, launching boats, and playing along the shore. This stretch of the basin, however, is heavily contaminated with lead and other metals-a legacy of mining and smelting operations... |
2007 |
| Cleveland Ferguson III |
Of Politics and Policy: Can the U.s. Maintain its Credibility Abroad While Ignoring the Needs of its Children at Home?--revisiting the U.n. Convention on the Rights of the Child as a Transnational Framework for Local Governing |
14 Tulsa Journal of Comparative & International Law 191 (Spring 2007) |
Americans from every political persuasion want the president of the United States, as an institution, to set sustainable domestic policy, carry the mantle as leader of the free world, and head the world's only superpower with high credibility and near-boundless international political capital in foreign policy. Much has happened since September 11,... |
2007 |
| James McGrath |
Overcharging the Uninsured in Hospitals: Shifting a Greater Share of Uncompensated Medical Care Costs to the Federal Government |
26 Quinnipiac Law Review 173 (2007) |
I think there is a shared consensus that the problems with the [health care] system and the escalating costs, and the escalating dysfunctions, with more and more losing their health care insurance every month, are greater than the costs of change. Since Bill Clinton spoke those words in 1993, the need for change has only increased. Articles abound... |
2007 |
| W. Nicholson Price II |
Patenting Race: the Problems of Ethnic Genetic Testing Patents |
8 Columbia Science and Technology Law Review 119 (2006-2007) |
Genetic tests which target specific ethnicities are fraught with problems, and will become commonplace unless action is taken to stop them. The first has already been patented in Europe by the U.S. company Myriad Genetics, despite vigorous opposition. Myriad's patent covers testing for a mutation in the breast cancer gene BRCA2 in Ashkenazi-Jewish... |
2007 |
| Daniel Kanstroom |
Post-deportation Human Rights Law: Aspiration, Oxymoron, or Necessity? |
3 Stanford Journal of Civil Rights & Civil Liberties 195 (August, 2007) |
Introduction. 195 I. The Function(s), Operation, and Legitimacy of Deportation. 200 A. The Function(s) of Deportation. 200 B. How Deportation Works. 206 C. Legitimacy. 208 II. The Effects of Deportation. 215 A. Effects Within the U.S.. 215 B. Effects in Countries of Deportation. 218 III. Where Does the Rule of Law End?. 222 A. The Human Rights of... |
2007 |
| Imani Perry |
Post-intent Racism: a New Framework for an Old Problem |
19 National Black Law Journal 113 (2006-2007) |
In this article, I present an analysis of how racism and the practice of racial inequality persist in a society whose citizenry has fully embraced an ethos of racial equality. I offer a theory of what I have termed post-intent racism relying on research in the fields of social cognition, sociology, narratology, and bounded rationality. I argue... |
2007 |
| Leah J. Tulin |
Poverty and Chronic Conditions During Natural Disasters: a Glimpse at Health, Healing, and Hurricane Katrina |
14 Georgetown Journal on Poverty Law and Policy 115 (Winter, 2007) |
This Note examines the provision of emergency health care services to people living with chronic health conditions from a perspective of social justice. After establishing the persistent connection between poverty and chronic health conditions, the Note uses the experience of New Orleans residents during Hurricane Katrina as a window into the... |
2007 |
| Michele Goodwin |
Private Ordering and Intimate Spaces: Why the Ability to Negotiate Is Non-negotiable |
105 Michigan Law Review 1367 (April, 2007) |
Kidney for Sale by Owner: Human Organs, Transplantation, and the Market. By Mark J. Cherry. Washington, D.C.: Georgetown University Press. 2005. Pp. ix, 258. $26.95. For prospective transplant patients, options are limited under the present organ donation model in the United States. Risk takers--patients frustrated by government bureaucracy--now... |
2007 |
| Laurie Hauber |
Promoting Economic Justice Through Transactional Community-centered Lawyering |
27 Saint Louis University Public Law Review 3 (2007) |
Combating the economic impact of discrimination in historically disempowered urban areas is critical in furthering civil rights in the 21 century. Long-term equality cannot be achieved without economic justice. While there have been tremendous gains in the political and social fronts through litigation and administrative advocacy since the 1960s,... |
2007 |
| Patrick D. Kenneally |
Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb out of Illinois Civil Courts |
28 Northern Illinois University Law Review 59 (Fall, 2007) |
C1-4Table Of Contents I. L2-3,T3Introduction 60. II. L2-3,T3Perspective 61. a. a shadow population of prospective plaintiffs. 61 b. illinois law on damages for lost future earnings and the irca: an overview. 66 c. hoffman plastic compounds, inc. v. national labor relations board. 69 d. post-hoffman: the fallout. 71 III. L2-3,T3Argument 74. a. the... |
2007 |
| Catherine A. O'Neill |
Protecting the Tribal Harvest: the Right to Catch and Consume Fish |
22 Journal of Environmental Law & Litigation 131 (2007) |
I. Background. 132 A. Contamination and Exposure. 132 B. Regulatory Responses. 136 C. Different Impacts. 137 D. Unique Obligations: The Example of Oregon's Water Quality Standards. 139 II. Treaty Guarantees. 143 A. Treaty Language, Logic. 143 B. Treaty Obligations and Oregon's Water Quality Standards. 144 III. Protections Against Discrimination:... |
2007 |
| Li Zhiping |
Protection of Peasants' Environmental Rights During Social Transition: Rural Regions in Guangdong Province |
8 Vermont Journal of Environmental Law 337 (Spring, 2007) |
China is facing rapid deterioration of the rural environment. This is a grim problem, which causes great damage to peasants' health and property; increases poverty; widens the gap between the rich and the poor; and seriously hurts the relationship between humans and nature. All of these effects negatively impact a harmonious, stable society and... |
2007 |
| Megan Comfort |
Punishment Beyond the Legal Offender |
3 Annual Review of Law and Social Science 271 (2007) |
family, incarceration, public health, social welfare, unintended consequences In the United States, lawbreakers are treated as social isolates, and the sentences imposed upon them are conceived of as affecting a discrete individual. However, people who commit or are suspected of committing crimes are generally embedded in kinship webs and social... |
2007 |
| William M. Carter, Jr. |
Race, Rights, and the Thirteenth Amendment: Defining the Badges and Incidents of Slavery |
40 U.C. Davis Law Review 1311 (April, 2007) |
The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude and also empowers Congress to end any lingering badges and incidents of slavery. The Court, however, has failed to provide any guidance as to how courts should define the badges and incidents of slavery absent such congressional action. This has led... |
2007 |
| Jennifer C. Johnson |
Race-based Housing Importunities: the Disparate Impact of Realistic Group Conflict |
8 Loyola Journal of Public Interest Law 97 (Spring 2007) |
At the very least, the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy whatever a white man can buy, the right to live wherever a white man can live. If Congress cannot say that being a free man means at least this much, then the Thirteenth Amendment made a promise the Nation cannot keep.... |
2007 |
| Jonathan Kahn |
Race-ing Patents/patenting Race: an Emerging Political Geography of Intellectual Property in Biotechnology |
92 Iowa Law Review 353 (February, 2007) |
I. Introduction. 355 II. Race, Genes, and Drug Development. 360 III. Producing and Organizing Social Data on Race and Ethnicity: OMB Directive 15. 366 IV. Producing and Organizing Genetic Information: Federally Sponsored Genetic Databases. 368 V. BiDil: Portent of Things to Come. 379 VI. The Rise of Racial Patents. 383 A. Patent Law Basics. 383 B.... |
2007 |
| Andrew E. Taslitz |
Racial Blindsight: the Absurdity of Color-blind Criminal Justice |
5 Ohio State Journal of Criminal Law 1 (Fall, 2007) |
In this introductory essay to this symposium, Professor Taslitz argues that the modern criminal justice system is plagued by racial blindsight. Analogizing to the physical phenomenon of blindsight in which a blind person sees objects but does not know that he sees them, Taslitz maintains that criminal justice system actors often view the world... |
2007 |
| Heather K. Gerken |
Rashomon and the Roberts Court |
68 Ohio State Law Journal 1213 (2007) |
As the opening quip of Pam Karlan's article suggests, it is difficult to make sensible predictions about the future of the Roberts Court's election law jurisprudence based upon the two cases decided during its first year. Even law professors are cautious about drawing inferences from two data points. And given the many opinions rendered in Randall... |
2007 |
| Maxine Burkett |
Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations |
86 Oregon Law Review 99 (2007) |
The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... |
2007 |
| John V. Jacobi |
Reform with a Patient Focus |
37 Cumberland Law Review 437 (2006-2007) |
State governments are outraged, or at least disquieted, by the spectacle of forty-six million people living without health coverage in a nation setting new standards for aggregate and personal wealth. The problem festers, forcing recognition of inequity and want in a nation that has prided itself on opportunity and achievement. State governments... |
2007 |
| Bryan A. Liang |
Regulating Follow-on Biologics |
44 Harvard Journal on Legislation 363 (Summer, 2007) |
More than twenty years ago, Congress recognized that the high costs of brand name chemical medicines limited access to their benefits. It responded with the Hatch-Waxman Act, which sped generic copies to market using an abbreviated approval process. Today, biotechnology drugs, known as biologics, provide revolutionary life-saving treatment.... |
2007 |
| Neil F. Carlson , Leonard M. Baynes |
Rethinking the Discourse on Race: a Symposium on How the Lack of Racial Diversity in the Media Affects Social Justice and Policy |
21 Saint John's Journal of Legal Commentary 575 (Spring-Summer 2007) |
Executive Summary. 578 Introduction. 579 Race and Representation: How the Media Shape and Misshape Race in America. 581 Framing Race: How Media Shape the Discourse at the Nexus of Race and Public Policy. 589 Media Production: Diversity in the Newsroom and the Culture of News Production. 592 The Political Economy of the Media: How Economics and... |
2007 |
| Jerome H. Reichman |
Richard Lillich Memorial Lecture: Nurturing a Transnational System of Innovation |
16 Journal of Transnational Law & Policy 143 (Spring, 2007) |
At a College of Europe Workshop in 2007, I was asked to elaborate on the idea that what really emerged from the World Trade Orangization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property law (TRIPS Agreement) in 1994 was an incipient transnational system of innovation. This idea was initially put forward in an article that... |
2007 |
| Judith A.M. Scully |
Seeing Color, Seeing Whiteness, Making Change: One Woman's Journey in Teaching Race and American Law |
39 University of Toledo Law Review 59 (Fall 2007) |
TEACHING Race, Racism, and American Law is a very personal journey for both teachers and students. My purpose in writing this article is to share my experience teaching Race, Racism, and American Law on both a personal and academic level. Race is a crucial part of our history and identity and yet it is not commonly confronted in law school classes.... |
2007 |
| Jacquelyn L. Bridgeman |
Seeing the Old Lady: a New Perspective on the Age Old Problems of Discrimination, Inequality, and Subordination |
27 Boston College Third World Law Journal 263 (Spring, 2007) |
Abstract: In recent years, legal scholars have used insights from cognitive and social psychology to explain that, despite significant gains, discrimination persists in America. Specifically, such scholars argue that our current antidiscrimination legal system, aimed at overt, conscious, and intentional conduct is not an effective tool for... |
2007 |
| Reva B. Siegel |
Sex Equality Arguments for Reproductive Rights: Their Critical Basis and Evolving Constitutional Expression |
56 Emory Law Journal 815 (2007) |
What is at stake in a sex equality approach to reproductive rights? At first glance, equality arguments would seem to entail a shift in constitutional authority for reproductive rights--for example, from the Due Process to Equal Protection Clause of the Fourteenth Amendment--but as the articles of this Symposium richly illustrate, equality... |
2007 |
| Tim Westmoreland |
Standard Errors: How Budget Rules Distort Lawmaking |
95 Georgetown Law Journal 1555 (June, 2007) |
The mark of a civilized human is the capacity to read a column of numbers and weep. --attributed to Bertrand Russell C1-2Table of Contents Introduction. 1556 I. A Brief History of Congressional Budgeting. 1559 II. The Basics of the Current Budget Process. 1564 a. two--maybe three--kinds of money. 1564 b. baselines. 1569 c. scorekeeping. 1573 d.... |
2007 |
| Clifford Rechtschaffen |
Strategies for Implementing the Environmental Justice Vision |
1 Golden Gate University Environmental Law Journal 321 (Winter 2007) |
The environmental justice movement has accomplished much over the past twenty-five years. There is widespread recognition among policy-makers that achieving environmental justice is an important issue. An Executive Order on Environmental Justice was adopted in 1994; over thirty-five states now have some type of environmental justice policy or... |
2007 |
| Ruqaiijah Yearby |
Striving for Equality, but Settling for the Status Quo in Health Care: Is Title Vi More Illusory than Real? |
59 Rutgers Law Review 429 (Spring 2007) |
I. Introduction. 433 II. De Jure Segregation and Disparate Treatment: The History of Racial Segregation and Discrimination in Health Care. 440 III. The Promise of a Dream: Preventing Racial Segregation and Discrimination in Health Care. 443 A. Private Action and Government Intervention. 444 B. Title VI of the Civil Rights Act. 446 C. Medicare and... |
2007 |
| Alina Das |
The Asthma Crisis in Low-income Communities of Color: Using the Law as a Tool for Promoting Public Health |
31 New York University Review of Law and Social Change 273 (2007) |
In an age of progressive medicine and medical technology, an epidemic has been growing in American cities. While the causes of the disease are largely unknown, its prevalence and severity vary dramatically by race and socio-economic status. The impact of the disease captured the attention of national and local public health officials in the... |
2007 |
| Michele Goodwin |
The Body Market: Race Politics & Private Ordering |
49 Arizona Law Review 599 (Fall 2007) |
Buy or Die was the theme of a recent symposium on organ markets at the American Enterprise Institute hosted by Sally Satel. The symposium reflected a significant departure from traditional organ transplantation discourse. The symposium was an effort to study alternatives to the conventional discourse on organ procurement, specifically by a... |
2007 |
| Roger M. Groves |
The De-gentrification of New Markets Tax Credits |
8 Florida Tax Review 213 (2007) |
I am concerned and I am frustrated because I don't know what the alternates areIt clearly isn't racist; its economics. The real question you have to ask yourself is: Is this good or bad? Norman Rice, former Mayor of Seattle On gentrification in that city. Urban America is in a state of crisis. A huge pool of America's resources is increasingly... |
2007 |
| Christine Formas Norris |
The Genetic Information Nondiscrimination Act of 2008: History, Successes, and Future Considerations |
7 University of Maryland Law Journal of Race, Religion, Gender and Class 192 (Spring 2007) |
The mapping of the human genetic code is one of the greatest scientific achievements of the Twentieth Century. To date, Congress has committed $3.5 billion in the Human Genome Project with the hope that genetic research will lead to great medical advances. Many considered genetic discrimination to be a major threat to these advances. Genetic... |
2007 |
| Doriane Lambelet Coleman |
The Legal Ethics of Pediatric Research |
57 Duke Law Journal 517 (December, 2007) |
Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to... |
2007 |
| Timothy Stoltzfus Jost |
The Massachusetts Health Plan: Public Insurance for the Poor, Private Insurance for the Wealthy, Self-insurance for the Rest? |
55 University of Kansas Law Review 1091 (June, 2007) |
The Massachusetts Law for Providing Access to Affordable, Quality, Accountable Health Care represents one of the most ambitious attempts yet by one of the United States to reform its health care financing system. It is useful, however, to situate this reform in the context of a larger discussion of health care financing reform that has been... |
2007 |
| John V. Jacobi |
The Present and Future of Government-funded Reinsurance |
51 Saint Louis University Law Journal 369 (Winter 2007) |
The structure of health insurance is changing due to concerns over inflation, uninsurance, and medical injuries. This article will briefly discuss the current health insurance reform framework, focusing on one aspect of many insurance reform proposals: government-provided reinsurance. Through reinsurance programs, government can stabilize private... |
2007 |
| Joanne Doroshow , Amy Widman |
The Racial Implications of Tort Reform |
25 Washington University Journal of Law and Policy 161 (2007) |
Whether discussing the impact of typical tort reform proposals or the broad rhetoric used to support restrictions on legal rights, racial prejudice lurks behind the tort reform movement. Some connections to race appear to be part of a deliberate public relations effort, while others are not so apparent. However, it is clear that these pervasive... |
2007 |
| Marcela X. Berdion |
The Right to Health Care in the United States: Local Answers to Global Responsibilities |
60 SMU Law Review 1633 (Fall 2007) |
THE idea that access to health care is an essential right for all people has likely existed in the hearts and minds of medical professionals around the world for many years, but a right to health did not become codified as an international human right until the 20th century, with the help of American leadership. President Franklin D. Roosevelt... |
2007 |
| J. Harvie Wilkinson III |
The Seattle and Louisville School Cases: There Is No Other Way |
121 Harvard Law Review 158 (November, 2007) |
In Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court addressed two student assignment plans that relied upon race to determine which public schools certain children could attend. The Seattle suit challenged high school assignments; the Louisville action, elementary and middle school placements. The Court... |
2007 |
| Anders Kaye |
The Secret Politics of the Compatibilist Criminal Law |
55 University of Kansas Law Review 365 (January, 2007) |
Many criminal theorists say that we have a compatibilist criminal law, by which they mean that in our criminal law a person can deserve punishment for her acts even if she does not have genuinely free will. This conception of the criminal law harbors and is driven by a secret politics, one that resists social change and idealizes the existing... |
2007 |
| Frank Pasquale |
The Three Faces of Retainer Care: Crafting a Tailored Regulatory Response |
7 Yale Journal of Health Policy, Law & Ethics 39 (Winter 2007) |
Retainer care arrangements allow patients to pay a retainer directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by focusing their attention on those willing to pay a retainer fee, and dropping the majority of their patients, who are left to be absorbed by other practices. Also... |
2007 |
| Martha T. McCluskey |
Thinking with Wolves: Left Legal Theory after the Right's Rise |
54 Buffalo Law Review 1191 (January, 2007) |
Left Legalism/Left Critique. Edited by Wendy Brown & Janet Halley. Durham: Duke University Press, 2002. Pp. viii, 447. $22.95 (paper). Introduction. 1193 I. More (Left) Theory. 1197 A. Theory for Left Politics. 1197 1. Affirming Theory in Politics. 1197 2. Affirming Politics in Theory. 1199 3. Affirming Theory for Tough Politics. 1200 B. Theory for... |
2007 |
| Ben Chigara |
Trade Liberalization and the Potential of Sub-saharan African States to Realize the United Nations' Millennium Development Goals by the Target Date 2015 |
16-SUM Currents: International Trade Law Journal 3 (Summer, 2007) |
Globalization is a divisive subject. It verges on a dialogue of the deaf, both nationally and internationally. . [However,] . the debate is changing. Old convictions and ideologies have been tested by experience, and changed by example. [Therefore,] . the dominant perspective on Globalization must shift from a narrow preoccupation with markets to a... |
2007 |
| Robert García , Aubrey White |
Warren County's Legacy for Healthy Parks, Schools and Communities: from the Cornfield to El Congreso and Beyond |
1 Golden Gate University Environmental Law Journal 127 (Summer 2007) |
I. Introduction II. A Collective Vision III. Park Bonds: Diversifying Support for Parks and Recreation IV. Great Urban Park Victories V. Park, Schools, and Health Disparities A. Parks, Schools, and Obesity B. River Revitalization C. Inequities in Urban Parks, Programs, and Funding D. Forests and Mountains E. Transit to Trails F. Cultural Diversity... |
2007 |
| Charles Lee |
Warren County's Legacy for the Quest to Eliminate Health Disparities |
1 Golden Gate University Environmental Law Journal 53 (Summer 2007) |
Twenty-five years ago, those of us who participated in the 1982 protests against the dumping of PCBs in Warren County, North Carolina had no idea of the momentous changes that were to come. Dollie Burwell, a local resident who went to jail five times (and a contributing author to this inaugural edition of the Golden Gate University Environmental... |
2007 |
| Claire A. Hill , Erin Ann O'Hara |
A Cognitive Theory of Trust |
84 Washington University Law Review 1717 (2006) |
I. Introduction. 1718 II. On the Nature of Trust (and Distrust). 1723 A. Social Dilemma Experiments and Trust. 1727 B. Differing Dimensions: Trust and Distrust. 1729 III. Nonoptimal Trust. 1734 A. Trust Biases as Error Management. 1734 B. Conscious vs. Subconscious Trust Assessments. 1740 C. Two Trust Boxes: The Case for Residual Trust. 1744 D.... |
2006 |
| Elizabeth Lambdin |
A New Disease Born Every Minute: the Marketing of Pathology and the Exploitation of Gender-based Insecurities and Sexuality to Sell Drugs |
13 Cardozo Journal of Law & Gender 145 (Fall 2006) |
You take the blue pill and the story ends. You wake in your bed and believe whatever you want to believe. You take the red pill and you stay in Wonderland and I show you how deep the rabbit-hole goes. Remember--all I am offering is the truth, nothing more. - The Matrix The quote above from the science fiction movie The Matrix, refers to a scene... |
2006 |
| Chu Chu Onwuachi-Saunders, M.D., M.P.H. |
A Paradigm Shift in Healing Communities of Color |
10 DePaul Journal of Health Care Law 103 (Fall 2006) |
Now more than ever we have an opportunity and duty to propose and support strategies for a health care system that will offer optimal health to all individuals. Optimal health, best defined by the late Dr. John Chissell, is the best possible emotional, intellectual, physical, spiritual and socio-economic aliveness that one can attain. It is a... |
2006 |
| Terry L. Mills, Ph.D. |
An Examination of Variance in Risk Factors Associated with Diagnosis of Coronary Heart Disease |
10 DePaul Journal of Health Care Law 27 (Fall 2006) |
Risk factors associated with coronary heart disease (CHD) are well-established in the literature. Still, there is a need for continuing investigation into variance in the clustering and effect of these risks across racial/ethnic and gender categories. This study examined differences in the odds of diagnosed CHD in the United States, among black and... |
2006 |
| Philip C. Aka |
Analyzing U.s. Commitment to Socioeconomic Human Rights |
39 Akron Law Review 417 (2006) |
The severe storm, Katrina, which, on August 29, 2005, hit New Orleans and other communities in the gulf region of the United States, has drawn attention to the problem of dire poverty in the country. Many of the hundreds of persons from New Orleans who perished in the hurricane were individuals who could not leave town before the destructive storm... |
2006 |